A. Residential uses.
1. Dwelling, single-family detached.
a. In the I-B and A-P districts, this use may only be an accessory use to principal agricultural and open space uses.
b. A single-family dwelling serving six or more persons protected under the federal Fair Housing Act (as amended and interpreted by the courts) or the laws of the State of Arizona shall not be located within a 1,200 foot radius of another single-family dwelling unit serving the same purpose in any residential dwelling district.
2. Dwelling, single-family attached. Each attached dwelling must be located on a separate legal lot.
3. Dwelling, co-housing.
a. Co-housing projects must be organized as condominium developments meeting all requirements of state law, or as developments on a single parcel of land on which individual structures are rented or leased from the land owner, and individual lots or portions of the project may not be subdivided for sale.
b. The maximum size of each dwelling unit is 1,000 square feet of gross floor area.
c. Zoning district lot requirements and setback requirements shall apply to the project site as a whole, but not to individual co-housing dwelling sites.
d. Each project site shall maintain a vegetated buffer at least 10 feet wide, meeting the requirements of § 14.04.04 along each side and rear lot line, and no portion of any primary or accessory structure may be located in that buffer area.
e. Each applicant shall submit a site plan identifying individual co-housing dwelling sites, streets, parking areas, storm drainage facilities, common areas and facilities, and any other features required to be identified by Arizona condominium law. The site plan shall be subject to approval by the Commission prior to development, and shall be binding upon all development once approved.
4. Dwelling, live/work.
a. Not more than 3 people may be engaged in the making, servicing or selling of goods, or provision of personal and professional services, within a single unit.
b. At least 1 person shall reside in the dwelling unit where the nonresidential activity or activities occur.
c. The residential unit must be located above or behind the non-residential areas of the structure.
5. Dwelling, multi-family.
a. In MU-N, MU-G, MU-UMS and MU-CRW Districts, at least 25% of the gross floor area in the structure must be occupied by non-residential uses; and dwelling units shall not be located on the ground floor.
b. In the C-CHD District, this use is limited to housing for medical staff and students.
6. Dwelling, vacation rental.
a. The operator of this use must have a valid local business license.
7. Manufactured housing park. This land use must comply with § 14.02.03G.
8. Continuing care retirement communities (CCRC). This use shall be subject to the following standards:
a. A CCRC shall be planned and constructed as a unified development.
b. Uses located within a CCRC shall be owned and operated by a single, properly licensed entity or provided under a direct contract with the owner.
c. A 25-foot landscaped perimeter setback shall be provided along the side and rear lot lines of a CCRC. Landscaping shall meet the requirements of § 14.04.04.
9. Residential care facilities.
a. No residential care facility shall be located within a 1,200 foot radius of another residential care facility.
b. Residential care facilities for children shall provide a 5-foot high fence around outdoor play areas.
c. The exterior appearance of this facility and property shall be similar to the size, scale, and exterior finish materials and façade articulation levels commonly used in the neighborhood in which it is located.
d. Residential care facilities shall comply with all state licensing and certification requirements.
B. Public and institutional uses.
1. Cemetery or mausoleum. This use is not permitted in the I-B Zone District unless established before the effective date of this Code.
2. College or university. In the C-CHD District, a medical college or university is permitted without a conditional use permit.
3. Day care facility.
a. Facilities for more than 10 persons require a conditional use permit.
b. Day care facilities for children shall accommodate no less than 5 children but no more than 10 children through the age of 12 years and shall provide a fence at least 5 feet in height around outdoor play areas.
c. Day care facilities shall comply with all state licensing and certification requirements.
4. Golf course. This land use is subject to the following barrier standards for the purpose of protecting residential homes adjacent to a golf course from the adverse visual impacts that a poorly designed golf course protective barrier may have on surrounding land uses.
a. Location. A protective barrier shall only be located on lots immediately adjacent to a golf course.
b. Setbacks. No setbacks required. Protective barriers may be located on the property line, but shall not encroach onto adjoining properties.
c. Design standards.
i. Wooden poles, natural vegetation, or steel poles are allowed.
ii. Poles shall be spaced a minimum of 15 feet apart, except as required by an engineer’s report.
iii. Steel poles shall be painted to harmonize with the color of the netting.
iv. Netting shall be 1-inch poly twine rope.
v. Cabling and hardware shall be color coordinated to the netting.
vi. Guy wires shall not be located outside of the fence line.
d. Design review. A protective barrier that is not more than 30 feet in height shall not require design review approval in compliance with § 14.05.04H.
e. Building permits. A building permit shall be required for any protective barrier if required by the adopted Building Code.
5. Hospital. In the C-CHD District this use shall be 100 feet in height (maximum).
6. Open space, park, or playground. In the MU-CRW, I-B, and A-P Districts, open space corridors shall be maintained to the greatest extent practicable to provide safe and convenient public access along the lake and from city rights-of-way to the lake.
7. Water-related facilities.
a. In the MU-CRW and I-B Districts, water-related facilities shall be:
i. Set back 50 feet from the vertical face of London Bridge, and 35 feet from projecting bridge supports.
ii. Constructed from all-weather durable materials and maintained in a safe condition.
iii. Attached to pilings in compliance with the adopted Building Code, as necessary.
iv. Be similar in appearance, including materials and façade articulation, with the color and design of surrounding structures, to the greatest extent practicable.
b. On the Island, this use must be accessory to a permitted or approved conditional use.
8. Public utility facilities, minor.
a. Underground requirement. Minor utilities that provide direct service to a property shall be installed underground. The developer or owner shall be responsible for complying with this requirement and making the necessary arrangements with the utility companies for installation of necessary facilities, unless the Commission or Council waives this requirement when approving a development project.
b. Residential exemption. This requirement does not apply to residential structures constructed within the A-P, R-A, R-E, R-1, R-2, or RMH Zoning Districts.
c. Aboveground exceptions. For the purposes of this section, appurtenances and associated equipment may be placed aboveground. These appurtenances shall not be placed in required front or side yard setbacks and shall be adequately screened to prevent visibility from the street.
9. Telecommunications facilities.
a. Purpose. It is the intent of these standards to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety, and welfare of the public, while not unreasonably interfering with the development of the competitive wireless communications marketplace in the city and to comply with federal and state legislation regarding telecommunications facilities. This is done by:
i. Protecting residential areas and land uses from potential adverse impact of the facilities and towers;
ii. Minimizing adverse visual impacts of towers through careful design, siting, landscaping, and innovative camouflaging techniques;
iii. Promoting and encouraging shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;
iv. Promoting and encouraging the use of technology that either eliminates or reduces the need for new tower structures;
v. Avoiding potential property damage from a tower by ensuring that tower structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or found to be structurally unsound;
vi. Ensuring that towers are compatible with surrounding land uses; and
vii. Complying with the federal Telecommunications Act of 1996, and related regulations promulgated by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA), as amended and interpreted by the federal courts.
b. Permitting required.
i. Existing telecommunications facilities.
(A) Requests for collocation, removal, or replacement, or eligible facilities requests, as defined in this Code and under federal law, for a modification of an existing wireless telecommunications facility that does not substantially change the physical dimension of the facility shall be granted.
(B) An applicant shall file an eligible facilities request with the Community Development Department demonstrating that the proposed modification will not substantially change the physical dimensions of the facility, as the term “substantial change” is defined in federal laws and regulations.
(C) The Community Development Department shall determine whether the application constitutes an eligible facilities request, and grant the request within 60 days. Applications for collocations that do not qualify as eligible facilities requests shall be granted within 90 days. These review periods include the review for determining whether the application is complete. This timeframe may be extended by mutual agreement or if the city informs the applicant in timely manner that the application is incomplete.
ii. New telecommunications facilities. All new freestanding telecommunication towers shall require the approval of a conditional use permit by the Commission, except telecommunications facilities of 1 meter in diameter or less, in any zoning district, and facilities of 2 meters in diameter or less in commercial and industrial districts, which are permitted by right. The application for a conditional use permit for a freestanding tower shall include the following information:
(A) Technical documentation that a new telecommunications facility is required to provide service and that the collocation of facilities on an existing structure is not technically feasible.
(B) If the proposed facility will exceed the height limit of the underlying zoning district, technical documentation must be provided explaining the reason for the requested height, and that no other alternative is technically feasible.
(C) To eliminate attempts to gain approval of telecommunications facilities based on speculation, applicants for proposed facilities shall provide affidavit of intended lease or use from a cellular provider at the time an application is submitted.
(D) The Commission shall decide a conditional use permit request for a new wireless telecommunications facility 150 days from the time the application is received unless this time period has been mutually extended or tolled because the applicant was informed, within 30 days of submitting the application, that it is incomplete.
(E) Failure to demonstrate that the criteria in divisions B.9.b.ii.(A) and B.9.b.ii.(B) above are true shall be considered grounds for disapproval of a conditional use permit application.
c. Development standards.
i. General.
(A) Telecommunications facilities are subject to any applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) standards.
(B) Telecommunications facilities shall meet the dimensional criteria of the underlying zoning district unless varied by the terms of a conditional use permit. For purposes of determining whether the installation of an antenna or tower complies with zoning district standards (e.g., lot coverage requirements, setback requirements, and other requirements) the dimensions of the entire parcel shall control even though the antenna or tower may be located on leased parcels within existing lots.
(C) Antennae and towers may be considered either primary or accessory uses, but shall only be considered a primary use within residential zoning districts on property of 2.5 acres or greater.
(D) An existing primary use or an existing communications structure on the same parcel shall not preclude the installation of a new communications structure on the same parcel.
(E) Antennae that are installed and towers that are constructed in compliance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
ii. Setbacks. The proposed tower shall be set back at least the height of the tower from any property line, except when located in the public right-of-way or in a building architectural feature such as an enclosed tower, steeple, or clock tower. The distance shall be measured from the center of the tower’s base to the nearest property line.
iii. Fall zone. All applications shall include engineer-certified fall zone calculations.
iv. Safety certification. If the proposed antenna will be added to an existing structure, the applicant shall provide an engineer’s report that the existing structure is structurally sound and is capable of supporting the additional antenna.
v. Security screening. Telecommunications facilities shall be screened from unauthorized access in accordance with the following:
(A) Installation of a solid view-obscuring, decorative, and gated masonry security screen or wall, not less than 6 feet in height, constructed of similar material and/or finish to the primary structures on the site or adjacent properties, and with a sight-obscuring gate that shall not be constructed of chain link.
(B) In residential areas, the area around the tower shall be landscaped with a buffer of plant materials that effectively screens the view of the tower base from residential properties. The standard buffer shall consist of a landscaped strip of at least 5 feet wide outside the perimeter of the fence, in accordance with § 14.04.04.
d. Abandonment and removal.
i. A tower or antenna that is not operated for a continuous period of 90 days shall be considered abandoned and the owner of the antenna or tower shall remove same within 120 days of receipt of a notice of abandonment from the city.
ii. If the antenna or tower is not removed within 120 days, the city may remove the antenna or tower at the owner’s expense.
iii. If there are 2 or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
C. Commercial uses.
1. Agriculture.
a. In the R-A District, the keeping of horses is allowed on lots having an area of 1 acre or more, provided that the number of horses on any one lot or parcel shall not exceed 1 horse for every 1/4 acre.
b. Horses shall not be housed or continuously kept in a structure within 50 feet of any dwelling or other building used for human habitation, or within 50 feet of the front lot line of the lot upon which it is located.
2. Animal care and boarding.
a. Conditional use permit. If a conditional use permit is required:
i. Applicants shall state the maximum number, sizes, and types of animals to be accommodated in their conditional use permit request.
ii. Animal limits shall be assessed during the conditional use permit process based on the property size, location, and facility design.
iii. Proposed mitigation strategies can be attached to the conditional use permit application.
b. Design.
i. All activities shall be completely contained within an enclosed building, except in the LI, I, and A-P districts, where outdoor kennels, runs, and exercise areas are permitted.
ii. Kennels shall be constructed to prevent direct access by animals to the outside areas of the buildings.
iii. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties. Additional noise mitigation will be required for existing buildings not originally built for boarding of animals.
c. Operation.
i. The keeping and treatment of animals shall be in compliance with state law (A.R.S. § 13-2910).
ii. Transfer of animals shall occur during regular business hours, unless for reasons of a medical emergency, except for the Humane Society and/or other non-profit animal rescue facilities/shelters.
iii. Animal breeding is prohibited, except as described in division C.2.d. below.
iv. Animals must be accompanied by a facility employee at all times when outside of the building.
v. All walking and exercising of animals must take place on facility grounds, except for the Humane Society and/or other non-profit animal rescue facilities/shelters.
vi. Solid waste shall be removed from the outdoor areas during periods when these areas are in use. Solid waste must be stored within secure and odor-free solid waste receptacle.
d. In the LI, I and A-P Districts.
i. Outdoor runs and/or exercise areas must maintain a minimum setback of at least 10 feet from any lot line.
ii. A 6-foot solid masonry wall is required to enclose all outdoor activity areas.
iii. The breeding of domesticated animals may be allowed by a conditional use permit.
e. In the R-A District. The keeping or boarding of horses is allowed in accordance with the divisions C.1.a. and C.1.b. above.
3. Community gardens.
a. This use shall be limited to the propagation and cultivation of plants.
b. Accessory structures such as hoop houses and storage sheds are permitted, but no such structure shall be more than 8 feet in height or located closer than 10 feet to a property line, and the total area covered by structures shall not exceed 20% of the site area.
4. Veterinary hospital. This use is subject to the animal care and boarding standards in division C.1. above if the veterinary hospital offers animal boarding services.
5. Bar or nightclub.
a. All required state permits and licenses must be obtained and maintained to serve alcohol.
b. A nightclub is not permitted in the GC District.
6. Restaurants.
a. In the I-B District, this use is only permitted as an accessory use to a permitted or approved conditional use.
b. Accessory drive-in/drive-through facilities are only permitted as shown in the Accessory Use portion of Table 3-1.
c. All necessary state permits and licenses must be obtained and maintained to serve alcohol.
7. Bed and breakfast. This use is subject to the following standards:
a. No more than 6 habitable units, including any unit occupied by the owner or operator shall be allowed;
b. Each guest stay shall be limited to a maximum of 21 consecutive days;
c. The structure shall appear outwardly to be a 1-family dwelling;
d. The use shall have no greater impact on surrounding public areas or infrastructure or natural resources than a fully occupied private home with house guests;
e. Food service shall only be provided to residents and overnight guests;
f. Signage shall be limited to 1 sign not exceeding 8 square feet in size and 4 feet in height.
8. Hotels, motels, and conference facilities.
a. In the C-CHD District and in the Island area of the I-B District, conference facilities are only permitted as accessory use to a permitted or approved conditional use.
b. Parking for the facility shall not be provided in a parking-in-common area.
9. Personal services. In the I-B District, this use is limited to the Island.
10. Self-storage (mini-storage).
a. All storage shall be kept within an enclosed building, except recreation or other oversized vehicles, which shall be stored only in exterior areas screened from view from any street frontage.
b. The storage of hazardous materials is prohibited.
c. Where the site is adjacent to residentially-zoned land:
i. Loading docks are prohibited on the side of the facility facing the residentially zoned land;
ii. A permanent screen shall be required and shall conform to landscaping and screening requirements in § 14.04.04;
iii. Public access shall only be permitted between 6:00 a.m. and 10:00 p.m.
11. Adult entertainment & retail.
a. Purpose. These standards are not intended to interfere with legitimate self-expression, but to avoid and mitigate the secondary effects found to be associated with these adult business uses, including drug use and dealing, health risks, and infiltration by organized crime, that are detrimental to the public health, safety, and welfare.
b. Location.
i. An adult business shall not locate within 500 feet of any of the following uses:
(A) A religious facility;
(B) A public or private elementary or secondary school;
(C) A public or private day care center, preschool, nursery, kindergarten, or similar child care facility;
(D) The boundary of a residential zoning district or residential use;
(E) A public park, playground, or recreational facility; or
(F) An establishment having an Arizona spirituous liquor license.
ii. The measurement for division C.11.b.i. above shall be made using a straight line, without regard to intervening structures or objects, from the nearest portion on the property line of a parcel containing an adult business, to the nearest point on the property line of a parcel of one of the indicated uses.
iii. An adult business shall not locate within 1,000 feet of any other adult business. The measurement shall made using a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
iv. No more than 1 adult business shall be located in any structure or portion of a structure.
c. Operation. An adult business shall be closed during the following days and times, in accordance with state law:
i. Monday through Saturday from 1:00 a.m. to 8:00 a.m.; and
ii. Sunday from 1:00 a.m. to 12:00 p.m.
d. Enforcement. A person who violates a provision of this section or who establishes an adult business without required approval shall be in violation of this Development Code.
12. (Reserved)
13. Motorsports facility. The minimum lot size for this use is 10 acres.
14. Alcohol beverage sales. This use shall be permitted in retail establishments in compliance with Arizona spirituous liquor license requirements.
15. Convenience store (with fuel sales). In the I-B District, this use is limited to the Island.
16. General retail.
a. In the MU-CRW and I-B Districts, general retail does not include furniture, home furnishings, and equipment establishments; hardware stores; or pet supply stores.
b. In C-1, MU-G, and MU-UMS Districts, hardware stores with outdoor storage are not permitted.
17. Marijuana business.
a. Medical marijuana business.
i. Purpose. The purpose of this subsection C.17.a is to facilitate the implementation of the Arizona Medical Marijuana Act (A.R.S. §§ 36-2801 et seq., as amended and interpreted by state courts) and to promote and protect the public health, safety, and welfare of Lake Havasu City residents by regulating the location and operation of medical marijuana facilities, as permitted under the Act. This is done by:
(A) Providing for the safe sale and distribution of marijuana to patients or designated care givers who qualify to obtain, possess, and/or use marijuana for medical purposes under the Arizona Medical Marijuana Act.
(B) Protecting public health and safety through reasonable limitations on medical marijuana business operations.
ii. Location.
(A) Medical marijuana businesses, marijuana establishments, and marijuana testing facilities may be located at the same location or at separate locations as allowed by this Code.
(B) No person shall operate or cause to be operated a medical marijuana business within 500 feet of any of the following:
(1) A religious facility;
(2) The boundary of a residential zoning district or residential use;
(3) A public park, playground, or recreational facility;
(4) An establishment having an Arizona spirituous liquor license.
(C) No person shall operate or cause to be operated a medical marijuana business within 1,000 feet of a school or day care center.
(D) The measurements above shall be made using a straight line, without regard for intervening structures or objects, from the nearest property line of the premises where a medical marijuana business is located to the nearest property line of one of the indicated land uses.
(E) No person shall operate, cause to be operated, or establish a medical marijuana business within 1,000 feet of another medical marijuana business or marijuana establishment or marijuana testing facility (unless within the same business in the same location) regardless of ownership status.
(F) The distance between any medical marijuana businesses or marijuana establishments or marijuana testing facilities shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the premises in which each business is located.
(G) A medical marijuana dispensary, with or without an infusion facility shall be located in an establishment with a store front and windows visible to the public and only 1 entrance. This 1 entrance must be from a public street or parking lot.
iii. Operation.
(A) On-site consumption of marijuana is prohibited.
(B) A notice shall be clearly, conspicuously and legibly posted in the medical marijuana dispensary indicating that ingesting or consuming marijuana in any public area within the city is prohibited and that ingesting or consuming marijuana on the premises is prohibited.
(C) Operating hours shall be limited to between 7:00 a.m. and 10:00 p.m.
(D) A transaction privilege (sales) tax license shall be required.
(E) All medical marijuana businesses shall provide for proper disposal of medical marijuana remnants or by-products and are prohibited from placing those remnants or by-products in exterior refuse containers.
(F) A medical marijuana business must obtain and maintain all necessary state certifications, licenses, and permits and the business owner or operator must sign an affidavit attesting to state licensure prior to development approval.
(G) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any medical marijuana business.
b. Marijuana establishments and marijuana testing facilities.
i. Purpose. The purpose of this subsection C.17.b is to facilitate the implementation of the Smart and Safe Arizona Act (A.R.S. §§ 36-2801 et seq., as amended and interpreted by state courts) and to promote and protect the public health, safety, and welfare of Lake Havasu City residents by regulating the location and operation of marijuana establishments and marijuana testing facilities, as permitted under the Act. This is done by:
(A) Providing for the safe sale and distribution of marijuana under the Smart and Safe Arizona Act.
(B) Protecting public health and safety through reasonable limitations on marijuana establishment and marijuana testing facility operations.
ii. Location.
(A) Marijuana establishments, marijuana testing facilities, and medical marijuana businesses may be located at the same location or at separate locations as allowed by this Code.
(B) No person shall operate or cause to be operated a marijuana establishment or marijuana testing facility within 500 feet of any of the following:
(1) A religious facility;
(2) The boundary of a residential zoning district or residential use;
(3) A public park, playground, or recreational facility;
(4) An establishment having an Arizona spirituous liquor license.
(C) No person shall operate or cause to be operate a marijuana establishment or marijuana testing facility within 1,000 feet of a school or day care center.
(D) The measurements above shall be made using a straight line, without regard for intervening structures or objects, from the nearest property line of the premises where a marijuana establishment or marijuana testing facility is located to the nearest property line of one of the indicated land uses.
(E) No person shall operate, cause to be operated, or establish a marijuana establishment or marijuana testing facility within 1,000 feet of another marijuana establishment, marijuana testing facility, or medical marijuana business (unless within the same business in the same location) regardless of ownership status.
(F) The distance between any marijuana establishments, marijuana testing facilities, or medical marijuana businesses shall be measured in a straight line, without regard to intervening structures or objects, from the property line of the premises in which each business is located.
(G) A marijuana establishment shall be located in an establishment with a store front and windows visible to the public and only one entrance. This one entrance must be from a public street or parking lot.
iii. Operation.
(A) On-site consumption of marijuana is prohibited.
(B) A notice shall be clearly, conspicuously and legibly posted in the marijuana establishment or marijuana testing facility indicating that ingesting or consuming marijuana in any public area within the city is prohibited and that ingesting or consuming marijuana on the premises is prohibited.
(C) Operating hours shall be limited to between 7:00 a.m. and 10:00 p.m.
(D) A transaction privilege (sales) tax license shall be required.
(E) All marijuana establishments and marijuana testing facilities shall provide for proper disposal of marijuana remnants or by-products and are prohibited from placing those remnants or by-products in exterior refuse containers.
(F) A marijuana establishment or marijuana testing facility must obtain and maintain all necessary state certifications, licenses, and permits and the business owner or operator must sign an affidavit attesting to state licensure prior to development approval.
(G) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any medical marijuana business.
18. (Reserved.)
19. Recreational vehicle park.
a. Space requirements.
i. Recreational vehicle spaces shall have a minimum width of 20 feet. Two manufactured home spaces each having an area of not less than 3,000 square feet and a width of not less than 40 feet may be allowed for use by park management.
b. Setbacks and distances.
i. The setbacks and separation distances for manufactured home units and recreational vehicles within recreational vehicle parks shall be in compliance with Table 3-2, below.
TABLE 3-2 RV PARK SETBACKS AND SEPARATION DISTANCES | ||
Type | Minimum Distance for | |
Manufactured Homes | Recreational Vehicles | |
TABLE 3-2 RV PARK SETBACKS AND SEPARATION DISTANCES | ||
Type | Minimum Distance for | |
Manufactured Homes | Recreational Vehicles | |
Setback from property line abutting public right-of-way | 20 ft. | 20 ft. |
Setback from other property line | 10 ft. | 10 ft. |
Setback from edge of interior driveway | 8 ft. | 4 ft. |
Setback from manufactured home space not on interior driveway | 5 ft. | 5 ft. |
Setback from manufactured home space on 2 or more interior driveways | 20 ft. on home entry side; 5 ft. on other side | 20 ft. on RV entry side; 3 ft. on other side |
Distance from wall/fence when adjacent to residential zoning district | 20 ft. | 20 ft. |
Distance between manufactured homes or recreational vehicles | 15 ft. | |
Distance between manufactured home or recreational vehicle and a building within the park | 10 ft. | |
ii. Minimum setback distances shall be measured from the sidewall of the manufactured home unit or recreational vehicle, or from the cabana, carport, patio cover, ramada, or similar appurtenance.
iii. Except as noted in division C.17.a.ii. above, the location of manufactured home units on recreational vehicle spaces is prohibited.
iv. Manufactured homes shall be located a minimum of 20 feet from a property line abutting a public street or highway, 100 feet from a centerline of a state highway, and 10 feet from other property lines.
v. Accessory structures shall be placed only in the rear yard. They shall be a minimum of 3 feet from another manufactured home unit or other structure on the same space and a minimum of 5 feet from the rear of the space line.
c. Site access and circulation.
i. Recreational vehicle parks shall abut and have access from a public street with a minimum of 70 feet of right-of-way.
ii. The minimum dimension of interior private streets within a recreational vehicle park shall be in compliance with Table 3-3.
TABLE 3-3 MINIMUM WIDTH OF RV PARK INTERIOR PRIVATE STREETS | ||
Type of Parking | One-way Streets | Two-way Streets |
No side parking | 15 ft. | 20 ft. |
Parking on 1 side | 22 ft. | 27 ft. |
Parking on both sides | Not allowed | 34 ft. |
iii. Adequate space for turnarounds shall be provided within the park property.
iv. Private accessways and individual spaces shall be sited and designed to accommodate the frequent movement of recreational vehicles.
v. Private accessways, recreational vehicle spaces, and vehicular parking areas shall be paved.
vi. Lighting shall be provided to illuminate interior accessways and walkways.
d. Accessory structures.
i. A community building shall be provided that includes restroom and laundry facilities to meet the service needs of occupants of the park.
ii. Accessory structures shall not exceed 15 feet.
e. Recreational areas. A recreational area containing at least 4% of the gross site area shall be provided, and shall not include any areas included in required setback areas or similar areas not usable for recreational activities.
f. Boat storage areas. Boats shall be stored in a designated storage area.
g. Fences and walls. The exterior property lines of the recreational vehicle park shall be bounded by a solid fence or wall with a minimum height of 5 feet and a maximum height of 6 feet.
h. Landscaping. Areas not covered by structures, paved accessways, and approved parking spaces shall be landscaped and maintained in compliance with the approved plans.
i. Utilities. Electricity, sewer, telephone, and water utilities shall be provided on the site.
i. Utilities, wires, and cables shall be located underground.
ii. This use is subject to the requirements of state and county sanitary codes unless those requirements are less restrictive than city requirements.
iii. A means for emptying sewage holding tanks that is approved by the Mohave County Health Department shall be provided.
j. Fire protection. Fire protection facilities shall be provided in compliance with the requirements of the Fire Department and Water Department.
D. Industrial uses.
1. Outdoor storage.
a. For primary and approved conditional uses.
i. Outdoor storage and display areas shall be designated with a perimeter masonry screen wall architecturally compatible with the primary structure.
ii. The perimeter screen wall shall be 6 feet in height and be completely sight obscuring where the outdoor use abuts residential zoning districts.
iii. Materials may be stored to a maximum height of 6 feet.
iv. Fencing materials (e.g., chain link or wrought iron) may not be used, except as follows:
(A) Gates may be sight obscured with chain link or wrought iron with plastic lath or netting and shall be a compatible color to adjacent screen walls.
(B) Chain link or wrought iron sight obscured with plastic lath or netting may be used as screening on LI District or I District zoned property.
b. For accessory uses.
i. Use shall be limited to storage materials or supplies directly related to the primary business use and shall be accessory and subordinate to the primary use on the property.
ii. The area of the outdoor use shall not exceed the area of the primary structure.
iii. In all districts other than LI and I, the area designated for accessory outdoor storage uses shall be located to the rear or side of the primary structure. No outdoor storage shall be located in front of the structure. The accessory outdoor use shall be screened in compliance with § 14.04.04.
E. Accessory uses.
1. Accessory dwelling units.
a. A maximum of 1 accessory dwelling unit is allowed per parcel.
b. The use shall not alter the character of the premises as a single-family residence.
c. The use shall be a minimum of 400 square feet in area and a maximum of 1,000 square feet in area or 50% of the living area of the primary structure, whichever is less.
d. No accessory structure shall be located within 5 feet of a side or rear property line or into or onto a public utility easement.
e. Detached structures may not occupy more than 50% of the required rear yard and may not exceed 15 feet in height. The minimum separation from the closest structural projection of the primary structure shall be 3 feet or the minimum required by the adopted Building Code, whichever is greater.
f. The use shall comply with all applicable Building and Fire Code requirements.
g. The use may be serviced with separate utility meters for electric, gas, sewer, telephone and water. The second electrical and gas meter shall be identified by the placement of metal plaques with a letter designation of 1/2-inch in height on each meter clearly identifying the total number of service meters.
h. Structures for detached accessory living quarters shall be architecturally compatible with the primary structure through the use of similar architectural features, building materials, and colors.
2. Accessory home occupations.
a. Purpose and intent. These standards are intended to provide peace, quiet, and domestic tranquility within all residential neighborhoods within the city, and to guarantee to all residents freedom from excessive noise, excessive traffic, fire hazard, nuisance, and other possible effects of commercial uses being conducted in residential areas.
b. Secondary to principal use. The carrying on of any business within the home shall be clearly incidental and secondary to the principal use of the residence and requires a zoning clearance.
c. Area of home occupation. The business or occupation shall be carried on wholly within the principal structure and garage and shall not occupy more than 25% of the total combined floor area of the principal structure and garage.
d. Employee. No employees or assistants shall be engaged for services on the premises other than the immediate members of the family, except as may otherwise be authorized by this division E.2.
e. Sale of goods and services from premises.
i. No commodities shall be displayed for sale or rent to the public on the premises, except for garage sales as provided in § 14.05.04F.2.d.
ii. Customer or client contact at the business premises shall be limited to not more than 1 business caller or visitor at a time and not more than 1 visitor per hour. All customer or client contact shall be restricted to the hours of 7:00 a.m. through 7:00 p.m.
iii. Commercial deliveries or outside services are restricted to those normal and incidental to the residential uses in the subject zoning district.
iv. No home occupation that serves as a headquarters or dispatch center, where employees come to the site to be dispatched to other locations, is allowed.
v. On-street parking connected with the home occupation shall not be allowed.
f. Boarding of horses within the R-A Zoning District. Horses may be boarded within the R-A District provided the size of the property and the total number of horses on the property, whether privately owned or boarded, does not exceed the allowances provided within division C.2.e. above.
g. Prohibited home occupations. The following uses shall be prohibited as home occupations:
i. Ambulance services;
ii. Automotive, ATV, boat, electronics, or equipment repair, parts sales, detailing, upholstery, or washing;
iii. Beauty salons and barber shops;
iv. Cabinet shop;
v. Commercial fungicide, herbicide, insecticide, or rodenticide applicators;
vi. Large appliance repair;
vii. Medical or dental office;
viii. Pet grooming;
ix. Repair or service at the business license address of mobile operator;
x. Restaurant;
xi. Taxi service with more than 1 vehicle; or
xii. Veterinary uses.
h.. Other uses not expressly allowed or prohibited. All uses not identified as prohibited in division E.2.g. above, shall require a determination of zoning compliance by the Zoning Administrator.
i. The application shall provide the Zoning Administrator with a description of the home occupation in sufficient detail to evaluate compliance with this section. This information would normally be provided in the application for a business license and/or supplemental applications for the home occupation.
ii. The Zoning Administrator shall decide whether the home occupation complies with the provisions of this section.
iii. The decision of the Zoning Administrator in the determination of zoning compliance may be appealed to the Board of Adjustment in compliance with § 14.05.03O.
i. Advertising.
i. No advertisement shall be placed in any media containing the address of the subject property.
ii. No external business signs shall be allowed unless authorized by the sign regulations for residential districts. Window areas shall not intentionally or purposely be used to display or offer merchandise for sale to the exterior of the residence or allowed accessory structure.
j. Hazardous materials. None of the following materials shall be used or stored on the subject premises:
i. Class A, B, or C explosives, with the exception of hobby reloading as defined by the Uniform Fire Code;
ii. Class A or B poisons, no exceptions;
iii. Corrosive/oxidizing chemicals, other than what is normally consumed on the premises for normal use (e.g., drain cleaner, pool chemicals, and the like);
iv. Flammable/combustible liquids over 5 gallons, unless in a licensed vehicle or watercraft;
v. Hazardous materials as defined by the Environmental Protection Agency; or
vi. Pesticides registered under the Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal Environmental Pesticide Control Act of 1979 that are not used around the home for personal consumption.
k. Performance standards.
i. Maintenance of character, peace, and quiet. No use shall be allowed that by reason of color, construction, design, dust, glare, heat, lighting, materials, noises, signs, smoke, sounds, or vibrations alters the residential character of the premises or unreasonably disturbs the peace and quiet of the surrounding residents.
ii. Traffic and parking. The use shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zoning district in which the use is located. The home occupation shall not displace or impede use of parking spaces required for the residential use, and business materials shall not be stored in required covered parking areas.
iii. Service requirements. The use shall not create excessive demand for municipal or utility services or community facilities beyond those actually and customarily provided for residential uses.
iv. Equipment and materials use. No electrical or mechanical equipment or stock material shall be used other than that customarily found in the home, and any electrical, machinery, or stock material used in connection with the home occupation shall not create, emit, or generate excessive electrical interference, dust, fire hazard, glare, heat, noise, odor, smoke, vibration, or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.
l. Enforcement.
i. Inspection. The city inspectors and code enforcement officers shall have the right of reasonable inspection as with any other business within the city for the purpose of protecting the general health, safety, welfare, peace, and enjoyment of the residential neighborhood.
ii. Nonconforming home occupations. Nonconforming uses, legal under this Development Code, shall continue as legal nonconforming uses under the current Code until:
(A) The operator ceases to do business for a period of 60 days or more;
(B) The operator fails to maintain a proper business license for more than 30 days; or
(C) The business is moved to a new location.
3. Accessory navigational uses. Only uses, equipment, or facilities approved by the U.S. Coast Guard and the Lake Havasu City Police Department may be installed.
4. Accessory outdoor dining. Permitted and approved conditional food and beverage service uses are permitted to have outdoor dining areas. The outdoor dining area:
a. Must be located and operated adjacent to and incidental to the operation of the food and beverage service use;
b. May not have any entertainment stages, music/DJ areas, dance areas, or speakers unless a special events permit or a temporary use permit has been obtained from the city.
c. Sidewalks may be used for outdoor seating/dining during regular business hours with the following conditions:
i. All services to support the outdoor dining shall be supplied from within the building and no additional advertising or signage will be allowed within the public right-of-way.
ii. The outdoor seating area shall extend no wider than the building frontage of the business with which it is associated.
iii. The outdoor seating shall not obstruct pedestrian traffic on public sidewalks or private walkways or create public health and safety hazards. A minimum clear distance of 4 feet shall be maintained along any walkway or pedestrian area.
iv. At the close of each business day, all equipment, furniture, and other appurtenances shall be removed entirely from the public right-of-way.
v. No permanent structures may be erected in the public right-of-way.
vi. The approval of the City Engineer, based on considerations of public safety, shall be required before approval of this use.
vii. The operator of an accessory outdoor dining area within the sidewalk right-of-way shall execute an indemnification agreement in favor of the city in a form approved by the City Attorney.
5. Accessory outdoor retail sales.
a. This use shall be subordinate to the primary use on the property.
b. Any area designated for this use shall be located to the rear or side of the primary structure.
c. No outdoor use shall be located within an area designated as parking-in-common.
d. This use shall be screened in compliance with § 14.04.04.
6. Accessory residential care home. Accessory residential care homes may have 1 non-resident employee for each shift or the number of employees mandated by county, state, or federal law, in addition to the resident care giver; provided, the accessory residential care home complies with the following criteria:
a. It has and maintains a current license as required by the county, state, or federal government;
b. It conforms to all applicable Building and Fire Codes and Development Code requirements as determined in conjunction with the business license and home occupation compliance review procedure;
c. The care provider is a resident of the facility;
d. The maximum number of unrelated residents in any accessory residential care home is limited to 6 persons for each dwelling unit. This number does not include the operator or employees of the facility, but the total number of people living at the home cannot exceed 8.
e. It complies with all other use-specific standards applicable to accessory home occupations in division E.2 . above.
7. Accessory structure, not for occupancy.
a. Accessory structures may not occupy more than 50% of the required rear yard and may not exceed 15 feet in height. The minimum separation from the closest structural projection of the primary structure shall be 3 feet or the minimum required by the adopted Building Code, whichever is greater.
b. No accessory structure shall be located within 5 feet of a side or rear property line or into or onto a public utility easement.
c. Accessory structures and structures not to be used for living purposes may be serviced with separate utility meters for electric, gas, sewer, telephone, and water. Second electrical and gas meters shall be identified by the placement of a metal plaque with letters a minimum of 1/2 inch in height on each meter clearly identifying the total number of service meters.
d. These structures shall be architecturally compatible with the primary structure through the use of similar architectural features, building materials, and colors.
8. Accessory pools and spas. A swimming pool, spa, or other contained body of water, whether belowground, aboveground, permanent, or portable, that is 18 inches or more in depth at any point and is intended for human use, shall be protected as provided for in this section.
a. Exemptions. The following shall be exempt from this section:
i. A system of sumps, irrigation canals, irrigation, flood control, or drainage works constructed or operated for the purpose of conveying, delivering, distributing, or storing water;
ii. Livestock operations, livestock watering troughs, stock ponds, storage tanks, or other structures used in normal agricultural practices;
iii. Public or semi-public swimming pools.
b. Enclosure.
i. Swimming pools, spas, or other contained bodies of water shall be entirely enclosed by at least a 5-foot high permanent fence, wall, wire fencing at least 11.5 gauge, or other barrier.
ii. Enclosure height shall be measured on the exterior side of the wall, fence, or barrier.
iii. Enclosures shall have no openings through which a spherical object 4 inches in diameter can pass.
iv. The horizontal components of the enclosure shall be spaced not less than 45 inches apart, measured vertically or shall be placed on the pool side of the enclosure as long as the enclosure does not provide any opening greater than 1.75 inches measured horizontally.
v. Wire mesh or chain link enclosures shall be a maximum mesh size of 1.75 inches measured horizontally.
vi. Enclosures shall be placed at least 20 inches from the water’s edge.
vii. Enclosure gates shall be self-closing, self-latching, and open outward from the pool. An unsecured latch shall be located at least 54 inches above grade if on the exterior of the enclosure. If on the pool side of the enclosure, the release mechanism shall be at least 5 inches below the top of the gate and no opening greater than 0.5 inches shall be within 24 inches of the release mechanism or be secured by a padlock or similar device that requires a key, electric opener, or integral combination which may have the latch located at any height.
viii. Above ground spas less than 8 feet wide may substitute an electronically or manually placed cover designed and intended for use with a spa in lieu of an enclosure. This cover shall meet the National Safety Council minimum specifications with a locking mechanism that is secured by a padlock or similar device that requires a key, electric opener, or integral combination.
c. Access from residence or living areas. If a residence or other living structure constitutes a part of the required enclosure, allowing direct access from the residence or living area into the enclosure, 1 of the following methods shall be used to restrict access for safety purposes in lieu of the requirements of subsection b., except as noted:
i. Between the swimming pool, spa, or other contained body of water and the residence or living structure, a wall, fence, or barrier a minimum of 4 feet in height shall be constructed in compliance with subsection b. above.
ii. Pools shall be protected by a motorized safety cover that meets the American Society of Testing and the Materials Emergency Standards 13-89 and that requires the operation of a key switch as the only manual operation necessary.
iii. Spas shall be protected by a manually placed safety cover designed and intended for use with a spa.
iv. Doors with direct access to a swimming pool, spa, or other contained body of water shall be equipped with a self-latching device that meets the requirements of subparagraph b.7. above or shall be equipped with an audible alarm which shall be listed in accordance with United Laboratories Standard 2017. Emergency escape or rescue windows from sleeping rooms with access to a swimming pool, spa, or other contained body of water shall be equipped with a latching device not less than 54 inches above the floor. All other openable windows with similar access shall be equipped with a screwed-in-place wire mesh screen, keyed lock that prevents the window from being opened more than 4 inches, or a latching device not less than 54 inches above the floor.
v. The swimming pool or spa shall be aboveground with non-climbable exterior sides that are a minimum of 4 feet high. Any access ladder or steps shall be removable without tools and be secured in an inaccessible position with a latching device located not less than 54 inches above the ground when the pool is not in use.
The following are graphic examples of when subsection c. applies:
d. Notice of responsibilities. A person on entering into an agreement to build a swimming pool, spa, or other contained body of water, or to sell, rent, or lease a dwelling with a swimming pool, spa, or other contained body of water shall give the buyer, lessee, or renter a notice explaining safety education and responsibilities of pool ownership as approved by the Department of Health Services.
e. Approval of enclosures. Applications for swimming pools, spas, or other contained bodies of water shall include detailed plans of the enclosure to be provided. The enclosures will be considered a part of the installation. A temporary fence or warning ribbon shall be installed around all inground pools, spas, or other contained bodies of water during construction. Pools, spas, or other contained bodies of water shall not be filled with water until the enclosure is in place and approved by the Building Inspector.
f. Violations. A person who violates this section is guilty of criminal violation of this Development Code in compliance with § 14.05.06 “Violation, Enforcement, and Penalties” except that no fine may be imposed if a sufficient showing is made that the person has subsequently equipped the swimming pool, spa, or contained body of water with an enclosure in compliance with this section within 45 days of citation.
F. Temporary uses.
1. Temporary construction office or yard.
a. The use must be in conjunction with an approved construction project either on the same site, or within 1/4 mile of the site.
b. The use is limited to 1 month before construction begins to 1 month after construction ends, or the expiration of the associated building permit, whichever occurs first, unless this time period is extended for good cause by the Building Department.
2. Temporary event or sales.
a. Within a 12-month period, this use is limited to the following:
i. Four to 10 consecutive days, or
ii. Six 2-day weekends.
b. Outdoor events in parking areas are limited to 4 to 7 consecutive days, in a 90-day period.
c. Seasonal sales activities, including temporary residence/security trailers, on non-residential properties, may occur for no more than 30 days within a 12-month period, for each seasonal product.
d. No more than 25% of the existing parking spaces in a parking lot may be used for a temporary outdoor sale.
e. All parking lot entrances and exits shall remain unobstructed.
f. Any outdoor event proposed within the public right-of-way requires a special event permit.
3. Temporary real estate sales office.
a. General.
i. This use shall not be represented by more than 5 builder and/or sales representatives on a full-time basis. The primary function of these representatives is to promote the siting, contracting, sales, and sales support operations of the home builder’s products and contracting. Licensed real estate sales representatives may perform other real estate activities arising from and incidental to the primary function of selling the builder’s product.
ii. No construction or builder’s contracting equipment shall be stored or kept on the site of the use.
iii. Signs advertising the development are allowed in compliance with § 14.04.08. Anything incidental to the use, including banners, flags, and other signs shall be removed upon the removal of the use.
iv. No other unrelated business activity may be operated from the temporary office.
b. Model home or residential unit.
i. In residential and mixed-use districts, this use may be contained within a model home or a residential unit, subject to the standards proved in this division F.3.
ii. Model residences may be furnished.
iii. Architectural changes to model residences to allow access by the public shall be done using standard residential type building materials (e.g., no commercial store fronts). Any changes should have only minimal visual impacts on the surrounding neighborhood.
4. Temporary use, other. The Community Investment Director has the authority to approve other temporary uses, not listed in the Permitted Use Table (Table 3-1) if the Director determines that the proposed use will not adversely impact the surrounding land uses, and is necessary due to unusual or unique circumstances beyond the control of the applicant.
(Ord. 20-1247, passed 12-8-2020; Ord. 20-1237, passed 8-11-2020; Ord. 20-1229, passed 1-28-2020; Ord. 18-1203, passed 8-14-2018; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 16-1162, passed 9-13-2016; Ord. 22-1285, passed 4-12-2022)